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Delhi Court April 2014 Judgments

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Apr 29 2014

Harsh Kumar @ Honey Vs. State Govt. of Nct of Delhi

Court: Delhi

Decided on: Apr-29-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:29. 04.2014 + CRL.A. 1019/2010 SALEEM @ PINNI Through: ..... Appellant Mr. Parvez A. Siddiqui, Adv. versus STATE Through: + ..... Respondent Mr. Feroz Khan Ghazi, APP for State CRL.A. 1020/2010 NAUSHAD ..... Appellant Through: Mr. Riaz Mohd., Adv. versus STATE GOVT. OF NCT OF DELHI Through: + ..... Respondent Mr. Feroz Khan Ghazi, APP for State CRL.A. 1022/2010 HARSH KUMAR @ HONEY ..... Appellant Through: versus Mr. Riaz Mohd., Adv. STATE GOVT. OF NCT OF DELHI Through: ..... Respondent Mr. Feroz Khan Ghazi, APP for State CORAM: HON'BLE MR. JUSTICE V.K. JAIN JUDGEMENT V.K. JAIN, J.(Oral) On 28.08.2001, Sub Inspector Viresh Kumar of Police Station Lahori Gate, on receipt of information with respect to an armed dacoity reached Gandhi Gali where Mr. Rakesh Kumar Gupta met him and told him that three boys had snatched an attachi (briefcase) containing Rs.17.35 lac from his employee Mr. Vasudev, who was present in Nai Basti. Thereu...


Apr 29 2014

Mannu Vs. the State

Court: Delhi

Decided on: Apr-29-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: April 29, 2014 + CRL.A. 512/2000 MANNU Through: ..... Appellant Ms. Nidhi Raman, Amicus Curiae Versus THE STATE Through: ..... Respondent Mr. Sunil Sharma, APP for the State CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT KAILASH GAMBHIR, J1 By this appeal filed under section 374 of Criminal Procedure Code, 1973 (hereinafter referred to as Cr.P.C.), the appellant seeks to challenge the impugned judgment dated 29.05.2000 and order on sentence dated 30.05.2000 whereby the Appellant Mannu was convicted for committing an offence punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as IPC) and was sentenced to undergo rigorous imprisonment for life, further to pay fine of Rs.10000 and in case of default, to undergo simple imprisonment for a period of six months.2. The facts germane to the case of the prosecution are that PW-3 H.C Chander Bhan while on patro...


Apr 29 2014

Akash Singh Vs. Govt. of Nct of Delhi

Court: Delhi

Decided on: Apr-29-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :17. h APRIL, 2014 DECIDED ON :29. h APRIL, 2014 + CRL.A. 45/2011 AKASH SINGH ..... Appellant Through : Mr.J.P.Dhanda, Advocate. versus GOVT. OF NCT OF DELHI Through : ..... Respondent Mr.Lovkesh Sawhney, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The appellant Akash Singh has preferred the appeal to challenge the legality and correctness of a judgment dated 13.12.2010 of learned Addl. Sessions Judge in Sessions Case No.251/09 arising out of FIR No.424/06 PS S.N.Puri by which he was convicted under Sections 307 IPC and 27 Arms Act. By an order dated 16.12.2010, he was sentenced to undergo RI for three years with fine ` 5,000/- under Section 307 IPC; RI for three years with fine ` 1,000/- under Section 27 Arms Act. Both the sentences were to operate concurrently.2. Briefly stated, the prosecution case as set up in the charge- sheet was that on 27.07.2006 at about 11.15 or 11.30 A.M. at main gate DESU Colony, Old Kilokri...


Apr 29 2014

J and P Coats Ltd and anr Vs. Rahul Gupta and ors

Court: Delhi

Decided on: Apr-29-2014

$~ 24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3447/2012 % Judgment dated 29.04.2014 J & P COATS LTD & ANR ..... Plaintiff Through: Ms.Anuradha Salhotra and Mr.Sumit Wadhwa, Advocates versus RAHUL GUPTA & ORS ..... Defendant Through: Mr.Sushant Singh and Mr.Tajinder Singh, Advocates CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. Plaintiffs have filed the present suit for permanent injunction, infringement of trade mark, passing off, account of profits under the Trade Marks Act, 1999 against the defendants.2. Defendant no.1 is present in court today submits that he has no objection if a decree is passed, provided only nominal damages are imposed. He also submits that he has stopped manufacturing the impugned goods and even changed his line of business. It is also submitted by the defendant no.1 that he is now working in a private firm and there is no question of his supplying any goods to defendants no.2 and 3. Defendant no.1 also states that he has not infrin...


Apr 29 2014

Saleem @ Pinni Vs. State

Court: Delhi

Decided on: Apr-29-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:29. 04.2014 + CRL.A. 1019/2010 SALEEM @ PINNI Through: ..... Appellant Mr. Parvez A. Siddiqui, Adv. versus STATE Through: + ..... Respondent Mr. Feroz Khan Ghazi, APP for State CRL.A. 1020/2010 NAUSHAD ..... Appellant Through: Mr. Riaz Mohd., Adv. versus STATE GOVT. OF NCT OF DELHI Through: + ..... Respondent Mr. Feroz Khan Ghazi, APP for State CRL.A. 1022/2010 HARSH KUMAR @ HONEY ..... Appellant Through: versus Mr. Riaz Mohd., Adv. STATE GOVT. OF NCT OF DELHI Through: ..... Respondent Mr. Feroz Khan Ghazi, APP for State CORAM: HON'BLE MR. JUSTICE V.K. JAIN JUDGEMENT V.K. JAIN, J.(Oral) On 28.08.2001, Sub Inspector Viresh Kumar of Police Station Lahori Gate, on receipt of information with respect to an armed dacoity reached Gandhi Gali where Mr. Rakesh Kumar Gupta met him and told him that three boys had snatched an attachi (briefcase) containing Rs.17.35 lac from his employee Mr. Vasudev, who was present in Nai Basti. Thereu...


Apr 29 2014

M/S. Tdi Infrastructure Ltd. Through Its Authorized Vs. Maneesh Sharma

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

Decided on: Apr-29-2014

N.P. Kaushik, Member (Judicial): 1. Present appeal is directed against the orders dated 08.06.2012 passed by Consumer Disputes Redressal Forum VI (in short the District Forum). Vide impugned order, the District Forum directed the appellant to refund the amount of Rs.3 lakhs alongwith interest @ 9% p.a. from the date of booking till its realization. Litigation costs to the tune of Rs.50,000/- were also awarded. Facts which are not in dispute are that the complainant Shri Maneesh Sharma got booked a residential flat with M/s Taneja Developers and Infrastructures Ltd.(hereinafter referred to as the appellant). On 28.02.2006, a cheque for an amount of Rs.3 lakhs was given by the complainant to the appellant. It is also not in dispute that the booking was earlier done by M/s In Time Promoters which later on got merged with the appellant. Complaint was filed against the present appellant. Allotment was to be made within a period of six months. No development took place at the site. Complaina...


Apr 29 2014

M/S. Vishakha Chemicals (Through Partner Sh. Ratan Poddar) and Another ...

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

Decided on: Apr-29-2014

S.C. Jain, Member: 1) The present appeal has been filed by the appellant against the order dt. 12.03.2010 passed in Complaint Case No. 352/07, by District Forum (North) Tis Hazari, Delhi. 2) Facts of the case are that the appellant/complainant has filed the complaint against the OPs before the District Forum alleging that, appellant/complainant is a small partnership firm and Sh. Ratan Poddar is its one of the partners and he is earning his livelihood by means of self-employment and is carrying on the trading of Ayurvedic Medicines. The Respondent-2/OP-2 invited and made booking in the ever 1989 for booking of shops/spaces in the proposed building known as œDCM Complex? at Bara Hindu Rao, Delhi. One Smt. Manmohan Kaur and Col. A.P.Singh made booking of a shop for 400 Sq. Ft. Area on the ground floor in the said complex for a total consideration of Rs. 666400/- and the said booking was made @ Rs. 1666/- per Sq. Ft. And the amount was to be paid in the construction linked instalmen...


Apr 29 2014

Dilip, Yawatmal Vs. the Union of India, Through Its Secretary, New Del ...

Court: National Green Tribunal Principal Bench New Delhi

Decided on: Apr-29-2014

(THE NATIONAL GREEN TRIBUNAL (WESTERN ZONE) BENCH, PUNE ) 1. The present Application was originally filed as Public Interest Litigation (PIL) No.14 of 2013, in the Honble High Court of Bombay, Bench at Nagpur, which was transferred to this Tribunal vide order dated September19th, 2013. The present Application has raised three important issues namely; (i) improper loading/unloading of coal in the Railway siding at Wani Railway Station, (ii) unscientific activity of storage of coal in Lalpuriya area of Wani by the Respondent Nos.10 to 12, and (iii) air pollution in the area of Wani Tahsil, including Wani town, due to improper activities of excavation, transportation and loading/unloading of coal. The Applicant alleges that there is serious increase in the air pollution as well as water pollution due to above activities and there is serious impact on health of the residents of Wani area and also, there are serious impacts on the road infrastructure and agriculture. 2. The Applicant submit...


Apr 29 2014

Union of India, Through Secretary, Ministry of Home Affairs, New Delhi ...

Court: Central Administrative Tribunal Principal Bench New Delhi

Decided on: Apr-29-2014

(Oral). Syed Rafat Alam, J. 1. This Review Application is preferred by the respondents to the Original Application (hereinafter referred to as respondent-applicants) seeking review/recall of order of the Tribunal dated 22.12.2011 in OA No.3065/2011.2. We have heard Sh. R. N. Singh, learned counsel for the respondent-applicants and Sh. Lalta Prasad, learned counsel appearing for the applicant of the OA (hereinafter referred to as applicant-respondent). 3. It appears that the applicant-respondent has invoked the jurisdiction of the Tribunal under Section 19 of the Administrative Tribunals Act, 1985 by moving OA No.3065/2011 seeking the following reliefs: 8. In view of the facts and circumstances mentioned in above paras, it is, therefore, most respectfully prayed that the Honble Tribunal may be graciously pleased to pass an order:- a). Direct the respondents to grant the age relaxation and consider for the post of Driver to the applicant on the basis of Naresh Bagris case. b). Pass a suc...


Apr 29 2014

Nawab Khan and Others Vs. Department of Housing and Environment, Bhopa ...

Court: National Green Tribunal Principal Bench New Delhi

Decided on: Apr-29-2014

(NATIONAL GREEN TRIBUNAL CENTRAL ZONAL BENCH, BHOPAL) Dalip Singh, Judicial Member: 1. Heard learned counsel for the parties and perused the record. Reply submitted today by the Respondent Nos. 3 and 4 is ordered to be taken O.A. No. 52 of 2014 Page 4 of 8 on record. Copy of the same has been furnished to the learned counsel for the Applicant. 2. This application had been filed by the Applicant complaining about the pollution being caused by various units including that of Respondent No. 5 in the industrial area at Govindpura in Bhopal. As regards the Respondent No. 5, it was submitted that the said unit is operating sand blasting and short blasting at Plot No. 3, Sector-D of the Industrial Area of Govindpura and as a result of the aforesaid activity, since necessary precautionary measures had not been put into place, they were violating the provisions of the Air (Prevention and Control of Pollution) Act, 1981 and causing air pollution in the vicinity. 3. The Tribunal after receipt of ...


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